Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4626 Compare Versions

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1	1	HOUSE . . . . . . . . No. 4626
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, May 13, 2024.
5	5	The committee on Public Service, to whom was referred the petition
6	6	(accompanied by bill, House, No. 2536) of Jessica Ann Giannino and
7	7	others relative to disability pensions for violent crimes committed against
8	8	certain public employees, reports recommending that the accompanying
9	9	bill (House, No. 4626) ought to pass.
10	10	For the committee,
11	11	KENNETH I. GORDON. 1 of 7
12	12	FILED ON: 5/2/2024
13	13	HOUSE . . . . . . . . . . . . . . . No. 4626
14	14	The Commonwealth of Massachusetts
15	15	_______________
16	16	In the One Hundred and Ninety-Third General Court
17	17	(2023-2024)
18	18	_______________
19	19	An Act relative to disability pensions for violent crimes.
20	20	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
21	21	of the same, as follows:
22	22	1 SECTION 1. Section 1 of chapter 32 of the General Laws, as appearing in the 2016
23	23	2Official Addition, is hereby amended by inserting after the word “inclusive”, in line 599, the
24	24	3following definition:-
25	25	4 “Violent act injury”, a catastrophic, life-threatening and/or life altering and permanent
26	26	5bodily injury sustained as a direct and proximate result of a violent attack upon a person by
27	27	6means of a dangerous weapon, including a firearm, knife, automobile, explosive device or other
28	28	7dangerous weapon, which for the purposes of this section shall be defined as “an item which is
29	29	8designed for the purpose of causing serious injury or death.”
30	30	9 SECTION 2. Said chapter 32 is hereby further amended by striking out subsection (1) of
31	31	10section 7 and inserting in place thereof the following subsection:-
32	32	11 Section 7. (1) Conditions of Allowance. Any member in service classified in Group 1,
33	33	12Group 2 or Group 4, or any member in service classified in Group 3 to whom the provisions of
34	34	13subdivision (2) of section twenty-six are not applicable, who is unable to perform the essential 2 of 7
35	35	14duties of the member’s job and that such inability is likely to be permanent before attaining the
36	36	15maximum age for the member’s group by reason of a personal injury or violent act injury
37	37	16sustained or a hazard undergone as a result of, and while in the performance of the member’s
38	38	17duties at some definite place and at some definite time on or after the date of becoming a
39	39	18member or prior to such date while any provision of this chapter relating to noncontributory
40	40	19pensions was applicable to the member, without serious and willful misconduct on the member’s
41	41	20part, upon the member’s written application on a prescribed form filed with the board and the
42	42	21member’s respective employer or upon such an application by the head of the member’s
43	43	22department after a hearing, if requested, as provided for in subdivision (1) of section sixteen and
44	44	23subject to the conditions set forth in said section and in this section, shall be deemed retired for
45	45	24an accidental disability as of a date which shall be specified in such application and which shall
46	46	25be not less than fifteen days nor more than four months after the filing of such application but in
47	47	26no event later than the maximum age for the member’s group. Except as provided for in
48	48	27subdivision (3) of this section, no such retirement shall be allowed unless such injury or violent
49	49	28act injury was sustained or such hazard was undergone within two years prior to the filing of
50	50	29such application or, if occurring earlier, unless written notice thereof was filed with the board by
51	51	30such member or on the member's behalf within ninety days after its occurrence. No retirement
52	52	31under clauses (i) to (iii), inclusive, shall be allowed unless the board, after a review of the
53	53	32evidence it deems appropriate, and after a review by the commission, pursuant to the provisions
54	54	33of section twenty-one, and including in any event on examination by the regional medical panel
55	55	34provided for in subdivision (3) of section six and including a certification of such incapacity by a
56	56	35majority of the physicians on such medical panel, shall find that such member is physically
57	57	36unable to perform the essential duties of the member's job and that such inability is likely to be 3 of 7
58	58	37permanent, and that the member should be so retired. No retirement under clause (iv) shall be
59	59	38allowed unless the board, after a review of the evidence it deems appropriate, and after a review
60	60	39by the commission, pursuant to the provisions of section twenty-one, and including in any event
61	61	40on examination or re-examination by the regional medical panel provided for in subdivision (3)
62	62	41of section six and including a certification of such incapacity by a majority of the physicians on
63	63	42such medical panel, shall find that such member is physically unable to perform the essential
64	64	43duties of the member's job because of a violent act injury and that such inability is likely to be
65	65	44permanent, and that the member should be so retired. Any member who was injured while a
66	66	45member of a retirement system established in any governmental unit other than that by which the
67	67	46member is presently employed, and who has complied with the provisions of this section as to
68	68	47notice, or whose case falls under paragraph (3), shall file such application with the retirement
69	69	48board of the unit where he is presently employed. Such board shall secure a statement of facts
70	70	49and records, which it shall be the duty of the retirement board of the first governmental unit to
71	71	50furnish, and on which it shall be entitled to make recommendations.
72	72	51 Prior to the determination of a retirement under this section, a member shall submit to the
73	73	52retirement board a written statement authorizing release of information from the federal internal
74	74	53revenue service and the department of revenue relative to the annual gross earned income of the
75	75	54member in pursuant to an agreement between the federal internal revenue service, the department
76	76	55of revenue, and the public employee retirement administration commission in accordance with
77	77	56section ninety-one A.
78	78	57 SECTION 3. Paragraph (a) of subsection (2) of said section 7 of said chapter 32 is hereby
79	79	58amended by inserting after clause (iii) the following clauses:- 4 of 7
80	80	59 (iv) A yearly amount of pension for any firefighter, any call, volunteer, auxiliary,
81	81	60intermittent or reserve firefighter, any call, volunteer, auxiliary, intermittent or reserve
82	82	61emergency medical services provider who is a member of a police or fire department and who is
83	83	62not subject to chapter 152, any police officer, any auxiliary, intermittent, special, part-time or
84	84	63reserve police officer, any municipal or public emergency medical technician or licensed health
85	85	64care professional who is unable to perform the essential duties of the member’s job by reason of
86	86	65a violent act injury, paid monthly, shall be equal to 100 per cent of their regular compensation,
87	87	66including all applicable benefits and stipends, that the member was earning on the date of such
88	88	67violent act injury, as defined in section 1 of this chapter. The annual amount of pension payable
89	89	68to such member shall be equal to the regular rate of compensation which the member would have
90	90	69been paid had the member continued in service at the grade held by the member at the time of
91	91	70their retirement until their death or reaching mandatory retirement age, whichever comes first;
92	92	71provided that, if the member reaches the mandatory retirement age, the member shall be entitled
93	93	72thereafter to 80 per cent of the average annual rate of compensation paid to the member in the
94	94	73previous 12 months, including any cost of living increases, as defined in sections 102 and 103 of
95	95	74this chapter. Upon retirement, the member shall receive a lump sum payment from the applicable
96	96	75retirement board equal to the member’s total accumulated retirement deductions. In the event
97	97	76that the member shall predecease their spouse the member’s spouse shall be entitled to 75 per
98	98	77cent of the member’s annual pension, paid monthly, as long as such spouse shall live; provided
99	99	78that, when the member would have reached the mandatory retirement age, the member’s spouse
100	100	79shall continue to be entitled to 75 per cent of the member’s annual pension, including any cost of
101	101	80living increases, as defined in sections 102 and 103 of this chapter, that the member would have
102	102	81received upon reaching the mandatory retirement age; provided, however, that if a beneficiary is 5 of 7
103	103	82eligible for benefits under this section and under option (c) of section 12, the beneficiary shall
104	104	83elect to receive either a benefit under option (c) or a benefit pursuant to this section but shall not
105	105	84be eligible for both benefits. In the event that the member and the member’s spouse predecease
106	106	85their children, the member’s surviving unmarried children, if any, who are under age 18 or, if
107	107	86over that age and under age 22, are full-time students at an accredited educational institution, or
108	108	87who are over age 18 and physically or mentally incapacitated from earning income on the date of
109	109	88such member’s retirement, shall be entitled to receive a pension of equal proportion, paid
110	110	89monthly, which shall total 75 per cent of the amount of the pension payable to the member at the
111	111	90time of their death.
112	112	91 The words “full-time student” and “accredited educational institutions” shall have the
113	113	92same meaning that they have under clause (iii). When a child no longer meets the qualifications
114	114	93for receipt of a pension allocation under this section, said child’s pension allocation shall cease
115	115	94and any remaining qualified children shall continue to receive the same amount each received
116	116	95before any child’s allocation ceased. Any member eligible to receive a pension under clause (iv)
117	117	96shall be indemnified for all hospital, medical and other healthcare expenses, not otherwise
118	118	97covered by health insurance, related to treatment of injuries that have been or may be incurred
119	119	98after the date of the member’s retirement as a result of the injuries sustained by the member
120	120	99relating to the violent act injury while in the performance of the member’s duties.
121	121	100 Notwithstanding the hours and earnings limitations of section 91 or 91A of chapter 32 of
122	122	101the General Laws or any other general or special law to the contrary, the annual earnings of such
123	123	102member of the retirement system from employment in the service of the commonwealth, county,
124	124	103city, town, district or authority, including as a consultant or independent contractor or as a person
125	125	104whose regular duties require that his time be devoted to the service of the commonwealth, 6 of 7
126	126	105county, city, town, district or authority during regular business hours, may equal up to one-half
127	127	106the amount of his or her retirement allowance without refund penalty. Such member shall not be
128	128	107eligible for employment under Groups 3-4, inclusive, of the retirement system while receiving
129	129	108benefits for accidental disability retirement outlined under clause (iv) of paragraph (a) of
130	130	109subsection (2) of said section 7 of said chapter 32. A member who is receiving benefits under
131	131	110clause (iv) of paragraph (a) of subsection (2) of said section 7 of said chapter 32 may be
132	132	111employed by a private entity (or in the private sector, one or the other) without refund penalty
133	133	112provided that their service is not devoted to the commonwealth, county, city, town, district or an
134	134	113authority. Nothing in this section shall prohibit a member under clause (iv), or such member’s
135	135	114eligible spouse or children, from receiving additional retirement benefits not required by this
136	136	115section.
137	137	116 (v) Critical Incident Stress Management
138	138	117 Any firefighter, any call, volunteer, auxiliary, intermittent or reserve firefighter, any call,
139	139	118volunteer, auxiliary, intermittent or reserve emergency medical services provider who is a
140	140	119member of a police or fire department and who is not subject to chapter 152, any police officer,
141	141	120any auxiliary, intermittent, special, part-time or reserve police officer, any municipal or public
142	142	121emergency medical technician shall participate in critical incident stress management debriefing
143	143	122following any incident involving exposure to actual or threatened death, serious injury, or sexual
144	144	123violence as defined in the most recent version of the Diagnostic and Statistical Manual of Mental
145	145	124Disorders, or any other incident reasonably warranting a critical incident stress management
146	146	125debriefing, as determined by an emergency service provider certified by the Massachusetts Peer
147	147	126Support Network or International Critical Incident Stress Foundation, Inc. At the discretion of
148	148	127the emergency service provider, or at the request of any member, the member will seek a 7 of 7
149	149	128behavioral health consultation on his or her own time. Anything discussed during the behavioral
150	150	129health consultation shall be kept in confidentiality in the following manner:
151	151	130 a. All conversations, records, recordings, or other documents resulting from the
152	152	131behavioral health consultation will be subject to physician-patient privilege and will not be
153	153	132provided to the employer except at the request of the member;
154	154	133 b. The employer may contact the behavioral health professional to confirm the date and
155	155	134attendance of the member and credentials of the professional.